Delhi HC Grants Interim Injunction To 'WOW MOMO' In Trademark Infringement Case

• 22 Oct 2025
• 236 Views

The Delhi High Court issued an interim injunction in favor of the Indian quick-service restaurant chain WOW MOMO in its trademark infringement case against WOW BURGER, a Hong Kong-based food chain. A division bench consisting of Justice C. Hari Shankar and Justice Om Prakash Shukla overturned a previous ruling made by a single judge on September 12, which had denied the interim injunction to Wow Momo. 

The Court stated that the earlier judgment failed to recognize the infringement of Wow Momo's trademark by Wow Burger. The Court said, “…there can, to our mind, be no manner of doubt that a consumer of average intelligence and imperfect reflection, who is aware of, or has seen, the appellant's mark WOW MOMO would, when he later comes across respondent's mark WOW BURGER, be, at the very least, inclined to presume the existence of an association between the two marks”. 

It added, “This presumption of association, which arises out of the similarity between the marks WOW MOMO and WOW BURGER, and the fact that they are both used for fast food, would result, within the meaning of Section 29(2)(b) of the Act, in infringement.” 

The Court ruled that Wow Burger cannot be prevented from using the word “WOW” on its own. It noted that "Wow" is a common English expression, and in the absence of any evidence of the word “Wow”, per se, having acquired a secondary meaning, linking it exclusively with Wow Momo, the company cannot claim exclusivity over the word, if used standalone. The Court also specified that Wow Burger is not just using the word “WOW” by itself; it is using it in conjunction with “BURGER.” 

The ruling emphasized that Wow Burger brand is not merely "WOW," but "WOW BURGER." When "WOW" is used together with the food item being marketed, it becomes distinctive. The Court clarified that “WOW” is not an adjective and, therefore, cannot be considered descriptive of the item it represents. At most, “WOW” serves as an exclamation. The combination of the exclamation "WOW" with the food item being offered by Wow Burger is itself distinctive. 

It was concluded by the Bench that the manner of WOW use with the food item name was so distinctive as to convey to the individual who sees the mark the fact that the food quality is outstanding. The Court said, “This also indicates that the present case is also one of idea infringement. The idea of conveying the message that the food dispensed by it is of optimum quality by combining, with the name of the food item such as MOMO or DIMSUMS, the exclamation WOW would stand replicated if the respondent were to use WOW BURGER.”

It added, “In fact, it appears to us to be obvious that the respondent has, in coining and using the name WOW BURGER, borrowed the idea reflected in the appellant's marks WOW MOMO and WOW DIMSUM. Such replication of the idea of the mark, as employed by the appellant, also results in likelihood of confusion and is, therefore, often referred to as “idea infringement.” 

The absence of any registration for the word "WOW" by Wow Momo does not diminish its claim to exclusivity over the mark "WOW MOMO" or affect its right to seek relief against any infringement by others using a mark that is confusingly or deceptively similar, such as "WOW BURGER." In this case, the appellant has a family of marks where "WOW" serves as the common initial prefix.

The Court said, “The prefix WOW has, therefore, acquired distinctiveness in view of the existing family of marks. The use of any mark, by a third person, by combining the prefix WOW with the name of a food item, would clearly result in confusion and conveying an impression to the average consumer that the mark is yet another in the family of the marks belonging to the appellant. This is yet another reason why the respondent cannot be permitted to use the mark WOW BURGER.”

Source: LiveLaw